LGBT+ persons represent one of the largest minority groups of workers, but also the group about which the least research exists. According to various studies, LGBT+ persons comprise between 3 and 12 per cent of the Serbian workforce, but the exact percentage is difficult to establish because LGBT+ persons often hide their identity at work.

Research shows that discrimination against LGBT+ persons in the workplace in Serbia is still very widespread, although laws in Serbia formally protect all persons, including the LGBT+ population, from every type of discrimination, mobbing and other violations of workplace rights.

“The right to work does not consist only of participation in the labour market, but implies an inclusive, accepting work environment within which a person can develop their full potential with respect, equality and freedom to express themselves, free from violence and condemnation,” emphasises the research “Dignity at Work” by the Centre for Research and Development of Society IDEAS [1], which deals with the position of LGBT+ persons at work.

However, there is a gap between legal regulation and the position of LGBT+ persons in practice.

Legally, therefore, LGBT+ persons have equal status and enjoy all (workplace) rights that are guaranteed by the Labour Law, the Law on Prohibition of Discrimination and the Constitution.

The OHCHR [2] report from 2015 indicates that discrimination against LGBT+ persons in the world of work is still widely represented, that is, that the anti-discrimination legislative framework, even when it exists, is not applied efficiently, that rights within the employment relationship can be denied to LGBT+ workers, and that LGBT+ workers face a high degree of discrimination, verbal and other harassment in the workplace.

Discrimination occurs already at the first interview with the employer

The association “Da se zna!” [3] records cases of discrimination at work and during employment every year. Bojan Lazić from the legal team of this association tells Mašina that discrimination most often happens the moment when the employer assumes or learns that the employee or job candidate belongs to the LGBT+ community.

“Then the employer most often no longer contacts the potential employee who applied for the competition, and we have had drastic cases where the employer explicitly told the employee when he learned that she was a lesbian, that he would give her the sack, because members of the LGBT+ community cannot work for him,” emphasises Lazić.

The association “Da se zna!” has recorded cases of humiliation of LGBT+ persons in the workplace after learning that they are members of the LGBT+ community.

“In one case, when he learned that his employee was gay, the employer deliberately transferred him to a lower work position (to clean floors, wash dishes...), although he was qualified for much more serious and difficult tasks that he had done until then. Colleagues humiliated and mocked him because of this. This greatly affected his mental health,” claims Lazić.

What the data say: prejudices, violence, discrimination

According to IDEAS research, of all marginalised groups, the greatest social distance in Serbia is present towards LGBT+ citizens, with as many as 27 per cent of citizens not wanting to have colleagues of LGBT+ orientation. Almost 50 per cent of Serbia’s citizens consider LGBT+ to be a disease that should be treated, 2/3 consider that LGBT+ orientation is harmful to society, and 3/4 consider that LGBT+ citizens should not express their orientation in public.

LGBT+ persons are significantly more often exposed to violence, so 57 per cent experienced psychological violence and 21 per cent physical violence, while 52 per cent of citizens experienced discrimination, of which the most in employment (28 per cent).

As they state from the organisation for lesbian human rights Labris [4] for Mašina, the most common forms of discrimination include denial of employment or advancement, insulting comments, exclusion from teams and activities, pressure to hide their identity, but also subtler forms such as denial of resources or tasks.

Feeling of insecurity and fear of consequences

“A large number of employees do not come out at work from fear of consequences, so discrimination often remains invisible and unreported. Although the legal framework exists, 93 per cent of LGBT+ employees consider that existing protection mechanisms cannot efficiently protect them, which additionally deepens the feeling of insecurity. Such an environment does not only harm individuals, but also employers and society as a whole, because it limits talents, professional development and economic empowerment,” Hristina Piskulidis, programme coordinator for community development at Labris, tells Mašina.

The situation is much worse in smaller towns, emphasises Lazić.

“In the largest percentage of cases, LGBT+ persons in the workplace do not speak at all about their sexual orientation or gender identity. They fear that coming out would harm them, that is, that they could get the sack or be transferred to a lower work position. Therefore, the majority decide not to reveal their identity either to colleagues or to the employer,” Lazić states for Mašina.

Women in a particularly vulnerable position

As Piskulidis emphasises, Labris research confirms that the position of LGBT+ persons in the labour market in Serbia is still very unfavourable, and that LBTQ [5] women and persons are in a particularly vulnerable position.

“Only 20 per cent of those surveyed feel free to express their identity at work, which shows how present fear and pressure to hide identity are. LBTQ women are additionally affected because they face double discrimination - because of sexual orientation or gender identity, but also because of sex and gender stereotypes. This means fewer opportunities for employment and advancement, greater pressure to hide private life and almost complete lack of role models in the work environment. Many female respondents also describe normalisation of unpleasant situations, so they sometimes do not recognise discrimination or do not report it from fear that they will lose their job,” Piskulidis tells Mašina.

The most important thing is to report discrimination

The association “Da se zna!” provides legal and psychological support to victims of discrimination in the workplace. In this and last year they have provided over fifteen legal consultations in that area. They have contacted firms and factories where LGBT+ persons complained about discrimination and demanded that they change their behaviour.

Labris offers free legal and psychological help to LBTQ women and persons, which makes it easier for many to seek protection and consider next steps.

“The impression is that when an employer who discriminates is contacted by some association, it is still not all the same to them, so they do something (apologise, change behaviour towards the employee...). Therefore we call on LGBT+ persons to report such cases to us,” states Lazić.

As Mašina’s interviewee adds, for discrimination in the workplace, citizens can turn with a complaint to the Commissioner for Protection of Equality [6]. If it concerns discrimination in public administration then the complaint can also be filed with the Protector of Citizens [7], and a lawsuit can also be filed with a higher court. “Da se zna!” also advises turning to civil society organisations that with their expertise can help greatly.

“The most important thing is to report discrimination, therefore we encourage all LGBT+ persons to report workplace discrimination to us,” concludes Lazić.

A key step towards real protection is consistent application of existing laws, efficient and anonymous reporting mechanisms, as well as education of management and employees, our interviewees believe.

Slow procedures and distrust in institutions - discrimination that remains invisible

Protection mechanisms exist - employees can turn to HR services or the equality commissioner in the firm, and at state level to the Commissioner for Protection of Equality, the Labour Inspectorate [8] or court, they remind from Labris.

However, research shows that as many as 93 per cent of LGBT+ employees believe that these mechanisms do not provide real protection, and reports are rare because of fear of coming out, slow procedures and distrust in institutions.

“Often the companies themselves do not apply their own procedures, and many do not even have them. Because of this discrimination remains ’invisible’ and is often accepted as something that must be endured to keep one’s job. However, there are examples of good practice in foreign and larger private firms, especially in the IT sector and other service activities, which conduct education, clearly emphasise zero tolerance for discrimination and thereby create a feeling of greater security - while in public institutions and state enterprises the feeling of protection is significantly weaker,” states Piskulidis.

A key step towards real protection is consistent application of existing laws, efficient and anonymous reporting mechanisms, as well as education of management and employees, our interviewees from Labris believe.

Precisely therefore Labris implements projects such as “Improvement of Economic Rights and Gender Justice for LBQ Women in Serbia” (supported by Kvinna till Kvinna Foundation [9]), within which the campaign #PonosneNaPoslu [10] is conducted.

As they add from Labris, this year’s project activities are devoted primarily to economic empowerment of LBTQ women through education, mentoring support and informing about workplace rights - while next year attention will be especially directed towards sensitising employers and people from the business sector, in order to create a safer and more just work environment.

Anastazija Govedarica Antanasijević